Illinois Survival Act: A Guide to Wrongful Death

Wrongful death is an unfortunate and unforeseen event that can happen to anyone at any time. It is a tragic loss that can leave families feeling lost, alone, and unsure of how to move forward.

In Chicago, the legal system provides families a means to seek justice for their loved ones through the Illinois Survival Act. This guide will provide an overview of the Illinois Survival Act and how it applies to wrongful death cases.

What Is the Illinois Survival Act?

The Illinois Survival Act is a law that allows the estate of a person who has died due to the negligence or intentional actions of another to file a lawsuit seeking compensation for damages. This law is designed to ensure that the deceased’s rights are protected and that their estate is compensated for any losses or damages incurred as a result of their death.

Purpose of the Survival Act

The primary objective of the Illinois Survival Act is to secure justice for the deceased and their estate. By allowing the estate to bring a lawsuit, the act helps hold responsible parties accountable. It provides an avenue for recovering financial losses incurred as a result of the deceased’s death.

1. Protection of the Deceased’s Rights

The Survival Act acknowledges that the deceased person had rights that should be protected even after passing. It allows their estate to assert these rights on their behalf, seeking compensation for any damages, pain, suffering, medical expenses, and lost wages they may have incurred before their death.

2. Compensation for Damages

Under the Illinois Survival Act, the estate can seek compensation for damages resulting from the deceased’s death. These damages can include medical bills, funeral and burial expenses, loss of future earnings, loss of consortium, and pain and suffering experienced by the deceased leading up to their passing.

3. Filing a Lawsuit

To file a lawsuit under the Survival Act, the estate or an appointed representative must initiate legal proceedings within the applicable statute of limitations. It is advisable to seek legal counsel to ensure compliance with all necessary legal procedures and to maximize the chances of a successful claim.

Importance of Legal Representation

Navigating the complexities of the Illinois Survival Act and related legal processes can be challenging, especially when dealing with the emotional aftermath of a loved one’s death. Engaging the services of an experienced personal injury attorney is crucial to protect the interests of the deceased and their estate.

An attorney will guide the estate through the legal proceedings, gather evidence, negotiate with insurance companies, and advocate for fair compensation.

Who Can File a Wrongful Death Lawsuit under the Illinois Survival Act?

Under the Illinois Survival Act, the personal representative of the deceased’s estate is the only one who can file a wrongful death lawsuit. The personal representative is typically named in the deceased’s will or appointed by the court if no will exists.

If the personal representative does not file a lawsuit within the applicable statute of limitations, which is typically two years from the date of death, then the right to file the lawsuit may be lost forever.

What Damages Can Be Recovered under the Illinois Survival Act?

The damages that can be recovered under the Illinois Survival Act include any damages that the deceased could have recovered had they survived. This includes damages for pain and suffering, medical expenses, lost wages, and other economic and non-economic losses.

Furthermore, damages can be recovered for any losses that the deceased’s estate has suffered as a result of their death.

How Are Damages Calculated under the Illinois Survival Act?

In order to calculate damages under the Illinois Survival Act, the court will consider various factors, including the deceased’s age, health, earning capacity, and the circumstances surrounding their death.

Additionally, the court may consider any evidence of the deceased’s pain and suffering and the emotional distress their loved ones suffered.

Difference between a Wrongful Death Claim and a Survival Claim?

A wrongful death claim and a survival claim are two different types of claims that can be brought in Illinois. While both claims arise from the death of an individual due to the negligence or intentional actions of another, there are some key differences between the two.

A wrongful death claim is brought by the surviving family members of the deceased. This claim seeks compensation for the losses that the family members have suffered as a result of the death, including loss of companionship, loss of financial support, and emotional distress.

On the other hand, a survival claim is brought by the deceased’s estate. This claim seeks compensation for the damages that the deceased would have been able to recover had they survived, including damages for pain and suffering, medical expenses, and lost wages.

What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Illinois?

The statute of limitations for filing a wrongful death lawsuit in Illinois is typically two years from the date of death. This means that the personal representative of the deceased’s estate must file a lawsuit within two years of the date of death, or the right to file the lawsuit may be lost forever.

For instance, if the wrongful death was caused by medical malpractice, the statute of limitations may be extended. Additionally, if the defendant in the lawsuit is a government entity, there may be additional notice requirements that must be met before a lawsuit can be filed.

Why choose Hoey & Farina, P.C. wrongful death attorneys?

If you need legal representation for a wrongful death case in Chicago, turn to Hoey & Farina, P.C. Our experienced Chicago wrongful death attorneys are here to guide you through the legal process and fight for the compensation you deserve. Contact us today for a consultation to discuss your case and learn how we can help you.

Conclusion

The Illinois Survival Act is an important law that provides families with a means to seek justice for their loved ones who have died due to the negligence or intentional actions of another. While no compensation can ever fully compensate for the loss of a loved one, the Illinois Survival Act can help families recover the damages they are entitled to under the law.

If you have lost a loved one due to the negligence or intentional actions of another, it is important to speak with an experienced wrongful death attorney who can help you understand your rights under the Illinois Survival Act and how to pursue a claim.